Neutral Citation No. - 2025:AHC:83826 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42591 of 2024 Applicant :- Shobhnath Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Prabodh Dubey,Prince Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Mr. Prince Kumar Srivastava, learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 15 of 2019, under Sections 120-B, 409 I.P.C. and Sections 13(1), 13(2) of Prevention of Corruption Act, Police Station Antoo, District Pratapgarh during the pendency of trial. 3-As per the prosecution case in brief, in the work done under the MGNREGA Yojna, Block Development, Sandwa Chandrika, several irregularities were found and it was alleged that an amount of Rs. 9,27,046/- was misappropriated. 4-It is argued by learned counsel for the applicant that in this case, an F.I.R. was lodged against four named accused persons namely Shobhnath Maurya (applicant), Ashok Dubey, Brijesh Kumar Singh and Jai Singh for the offence under Section 409 I.P.C. The applicant, at the relevant point of time, was working as Block Development Officer and was not the sanctioning / approving authority of any money. The applicant retired from his services on 31.12.2021 after attaining the age of superannuation and no amount was deducted from the funds of his retirement as there is no charge of any embezzlement / misappropriation of funds against him. Much emphasis has been given by contending that with regard to the same allegation, a departmental enquiry was also initiated, in which charges were levelled against the applicant that the work has not been done in accordance with the guidelines provided in MGNREGA Yojna and several irregularities were made, which were found proved and minor punishment was given to him. It is also pointed out that co-accused Ashok Kumar Dubey, who at the relevant point of time was working as Assistant Development Officer has been granted anticipatory bail vide order dated 27.07.2023 in Criminal Misc. Anticipatory Bail Application No. 7817 of 2023. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 29.08.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 6-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the anticipatory bail order of co-accused Ashok Kumar Dubey as noted above, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. 7-Let the applicant-Shobhnath Maurya, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 19.5.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad